Gautier v. MISSISSIPPI TRANSP. COM'N

839 So. 2d 588, 2003 WL 943868
CourtCourt of Appeals of Mississippi
DecidedMarch 11, 2003
Docket2001-CA-01795-COA
StatusPublished
Cited by1 cases

This text of 839 So. 2d 588 (Gautier v. MISSISSIPPI TRANSP. COM'N) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gautier v. MISSISSIPPI TRANSP. COM'N, 839 So. 2d 588, 2003 WL 943868 (Mich. Ct. App. 2003).

Opinion

839 So.2d 588 (2003)

David C. GAUTIER, Lawrence L. Gautier, Walter Warren Gautier and Andre A. Gautier, Appellants,
v.
MISSISSIPPI TRANSPORTATION COMMISSION, Appellee.

No. 2001-CA-01795-COA.

Court of Appeals of Mississippi.

March 11, 2003.

Vincent J. Castigliola, Pascagoula, attorney for appellant.

*589 Donald E. Hinton, Jack Homer Pittman, Hattiesburg, attorneys for appellee.

Before SOUTHWICK, P.J., LEE and MYERS, JJ.

LEE, J., for the court.

PROCEDURAL HISTORY

¶ 1. On March 27, 1998, the Mississippi Transportation Commission (MTC) instituted an eminent domain action in the Jackson County Special Court of Eminent Domain against the appellants (Gautiers) to have a restaurant and docks owned by the Gautiers condemned, since they were in the path of a soon-to-be built bridge spanning the Pascagoula River. On the same day as the action was filed, the court entered a declaration of taking, and the MTC filed a notice of deposit in the amount of $562,900 with the court, which the MTC deemed to be just compensation for the property taken based on the appraisal. The court granted MTC the right of immediate title and possession to the property on April 10, 1998, and on April 15, 1998, the court granted the Gautiers's request to release the funds on deposit.

¶ 2. The court granted MTC's request to amend its complaint in June 1999 since the previous procedures had relied on a statute which was declared unconstitutional.[1] In September 1999, the court entered an amended order granting MTC the right of immediate title and possession and therein changed the previous appraisal amount to $603,000, which, when crediting the $562,900 previously deposited, left MTC with a balance due of $40,100. MTC deposited this sum with the court on September 22, 1999, but the Gautiers were not given formal notice of the deposit. In August 2001, an updated statement of values was filed with the court, with the revised appraisal amount of $831,100. MTC deposited $228,100 on September 8, 2001, which was the difference between this new amount and the previously noted amount.

¶ 3. On September 13, 2001, a trial was held to determine the proper amount due the Gautiers for the taking. After hearing from three experts, a jury returned a verdict in favor of MTC in the amount of $831,000, and at the Gautiers's request, the court added $100 to reflect the amended statement of values. The court denied the Gautiers's subsequent motion for additur or in the alternative a new trial, and they appeal to this Court raising the following issues: (1) Was the verdict of the jury contrary to the overwhelming weight of the credible evidence, or the result of bias, prejudice, or passion on the part of the jury? (2) Did the trial court err in refusing to grant the property owners an additur or in the alternative, a new trial? and (3) Did MTC fail to furnish property owners with notice of deposited funds, and should they be forced to pay property owners interest on that amount? We review each of these issues and find no merit; thus, we affirm.

FACTS

¶ 4. This case involves an eminent domain proceeding and whether or not the property owners received just compensation. The appellants in this case owned a restaurant and adjoining docks situated on the Pascagoula River in Jackson County. Plans were approved to build a high-rise bridge over the river to replace a dilapidated draw bridge, and to complete the project, the restaurant and docks had to be demolished. The Gautiers, however, did not agree with the amount MTC offered to pay them for their property.

*590 ¶ 5. At trial, MTC called two witnesses as experts. Webb Steadman explained the cost of improvements to the property and said with the improvements that construction cost of a new similar building and docks would be $940,936, which included labor and materials. Daniel Loflin, a staff appraiser for the MTC, was accepted as an expert in the field of real estate appraisals. Loflin testified that he took into account depreciation of the improvements and arrived at a value of $831,100. The Gautiers called Lance McCarty as an expert in the field of commercial construction and cost. McCarty testified that the total value of the building was $990,095, which included the replacement costs of the building and engineering costs.

DISCUSSION OF THE ISSUES

I. WAS THE VERDICT OF THE JURY CONTRARY TO THE OVERWHELMING WEIGHT OF THE CREDIBLE EVIDENCE, OR THE RESULT OF BIAS, PREJUDICE, OR PASSION ON THE PART OF THE JURY?

¶ 6. This case involves the issues of eminent domain and just compensation for the property taken, and we first look to our applicable standard of review.

In State Highway Comm'n of Mississippi v. Havard, 508 So.2d 1099, 1105 (Miss.1987), the Mississippi Supreme Court quite thoroughly set forth the standard of review for jury verdicts in eminent domain cases as follows: As in the case of any other jury determination of damages, we are not at liberty to order a new trial unless the verdict is so at variance with the evidence as to shock the conscience of the court. Except where the verdict is grossly excessive and evinces bias, passion and prejudice by the jury, we have no authority to require the prevailing party to submit to a second adjudication. This rule applies in eminent domain cases as in others.

Carlton v. Mississippi Transp. Comm'n, 749 So.2d 170(¶ 23) (Miss.Ct.App.1999).

¶ 7. Concerning valuation of property in eminent domain cases, this Court has stated the following:

In cases of eminent domain, the burden of presenting competent evidence of fair value of the property being acquired rests with the condemning authority. If the authority fails to present competent evidence of value, then the acquisition of title to the property cannot occur. Evidence of value must, by statute, relate to a particular point in time-namely, the date of filing of the complaint commencing the acquisition process. "Evidence of fair market value shall be established as of the date of the filing of the complaint."

Williamson v. Lowndes Co., 723 So.2d 1231(¶ 3) (Miss.Ct.App.1998) (citations omitted).

¶ 8. With their first issue, the Gautiers argue the award of compensation was not commensurate with the evidence presented, and the trial judge erred in failing to grant their request for an additur. Specifically, they argue that the jury erred in relying on MTC's incorrect estimate, which resulted from improper reliance on MTC's expert, Webb Steadman, who failed to make adjustments to account for workers' compensation insurance and for engineering costs in arriving at his estimate. The Gautiers also argue that MTC grossly underestimated the costs for heating/air conditioning and electrical and plumbing costs, which, when combined with the insurance and engineering undervaluation, caused MTC's final estimate to be undervalued by $270,950. The Gautiers argue that in the "battle of experts," the jury should have relied on their expert whose *591 qualifications were far superior than those of MTC's expert.

¶ 9. The property at issue was a restaurant and adjoining dock located on the Pascagoula River. Three witnesses testified concerning the value of the property and/or replacement costs. First, Webb Steadman testified for MTC. Steadman earned a degree in construction technology and had worked in the construction business since 1977.

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Bluebook (online)
839 So. 2d 588, 2003 WL 943868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gautier-v-mississippi-transp-comn-missctapp-2003.